Graf v. Wilson
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Bean. This is an appeal by Multnomah ■ County from a judgment against it as garnishee in an action by E. A. Graf against J. C. Wilson. In December, 1909, the plaintiff recovered a judgment against the defendant, J. C. Wilson, in the justice’s court, for $175 and costs, and filed a transcript thereof in the circuit court for Multnomah County.
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From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Bean. This is an appeal by Multnomah ■ County from a judgment against it as garnishee in an action by E. A. Graf against J. C. Wilson. In December, 1909, the plaintiff recovered a judgment against the defendant, J. C. Wilson, in the justice’s court, for $175 and costs, and filed a transcript thereof in the circuit court for Multnomah County. Execution on the judgment was issued out of the circuit court June 25, 1911. On June SO, 1911, a writ of garnishment was served on Multnomah County, by delivering the same to the county…
1Opinion of the CourtJustice Bean
It is contended on behalf of the county that the fund was not subject to garnishment, because Wilson’s claim was contingent until presented for auditing and allowance. The contention of the plaintiff is that the claim is not contingent, and that the fact that the claim was no presented to the county at the time of, or before, the issuance *479of the writ, does not affect its character, nor make it contingent, and that therefore it was subject to garnishment.
This one question is involved in the case, namely: Was the debt due from the county subject to garnishment? The sections of the statute…
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